Absolutely. These are complicated transactions, and most landowners are ill-informed when it comes to understanding the cell tower itself, let alone a purchase offer to buy a specific easement underneath the tower. Your attorney has likely never dealt with one of these transactions. Even if they have done one or two, they cannot know the nuances of these agreements. They don’t track these offers hourly like we do. They don’t have a database of thousands of lease buyout offers made over the last 9 years like we do upon which to compare the current offer. They can’t tell you which companies are likely to live up to their deal and which are not likely. This is a highly specialized transaction on a highly technical asset. That is where we come in- we can help provide real information and solid advice so that you don’t make a costly error that you will later regret.
Just as you would not go to a surgeon for a head cold, so it is the same with legal counsel. The lease buyout is a highly specialized transaction. There are many nuances of which attorneys who are unfamiliar with wireless leasing and/or lease buyouts may be unaware. Often, when clients first contact us, they explain that they think the “contract” looks generally acceptable, but they just want to make sure they are not missing anything. However, as the transaction progresses and our clients review our changes, clients are surprised about all of the terms and conditions that did not occur to them.
In reviewing contracts, leases or other documents, remember that it is not always what is on the page, but many times what is not on the page. As seasoned attorneys in wireless leasing and lease buyout transactions, it is our job to ensure that you are aware of the incumbent risks with any such transaction and to draft language that protects the land owner where they did not realize exposure to potential liability existed. We have negotiated transactions on behalf of clients with most of the lease buyout companies and are familiar with the various terms on which the companies are willing to compromise. This history and familiarity also tends to speed up transactions, eliminating many of the pitfalls of two parties negotiating for the first time.
In some instances, attorneys contact us on behalf of their clients to assist in lease buyout transactions as they recognize it is not squarely in their practice area. Just as a skin doctor recognizes he or she is not an expert in practicing internal medicine, so it goes for attorneys in different practice areas. Whether we are working directly with you, your counsel or both, we are here to help you navigate the unique waters of the lease buyout transaction. Go to www.celltowerattorney.com for more information or call us at 1-877-925-3778. An initial consultation is free of charge.